E-commerce Contract Law Study

As we enter the information age, the development and combination of computer science and communication technology have greatly promoted the development of the world economy and trade. Digital technology and network are widely used in information technology. In addition, the Internet has been applied in the business field bringing E-Commerce or E-Business into being which brings about the reform in patterns of business operations. The rapid development of E-Business has a great impact on the traditional business. It not only changes the traditional operation rules and mind-set in business but also challenges the traditional business law.In a sense, modern society is a contract society now that the contract system has become an important legal form promoting the development of international trade andeconomy. Therefore, with the appearance of E-Business, a new form of contract namely the E-Business contract has come into being which promotes international business dealings as well as other aspects of society. As the combination of electronic network technology and business operation, E-Business contract is a legal form for all parts involved in an E-Business operation to determine their rights and obligations. It plays an important role in E-business operations. With the appearance of E-Business contract, the consequent legal problems occur in the system of business law, which are what this theses studies. This thesis consists of four parts.Part one: The legal form of E-Business contracts. This part briefly introduces the basic classifications and features of E-Business contracts. By analyzing and comparing E-Business contracts and traditional written contracts, this author shows that E-Business contracts and traditional written contracts are unified in functions rather than form. Both E-Business contracts and traditional written contracts have the same legal power and can get the same legal protection. Meanwhile, suggestions are given on the written form of E-Business contracts.Part two: The legal power of E-Business contracts. This is an issue involving many problems including acceptance, signature and legal power etc. To put it more precisely, the conclusion of an E-Business contract consists of two steps namelycharge and acceptance , the consistency of which leads to a valid E-Business contract. Consequently, problems on the legal power of contracts arise such as the time and place of concluding the contract, digital evidence and electronic signature. The format and provisions of E-Business contracts and the validity of E-Business contracts as evidence are also touched upon in this part.Part three: The legal obligations of E-Business contracts. Legal obligations of E-Business contracts refers to the legal responsibility the involved part of an E-Business operation should bear when it breaks the law or fail to carry out its legal obligations causing damage to the legal right of the state, the legal person or the individual. Through the analysis of obligations under E-Business contracts, this part illustrates liability of third party etc.Part four: The legal application of E-Business contracts. In this part, such legal problems as the governing power of E-Business companies, principles of applying the traditional law and how to determine the link point are illustrated. Finally, the author provides some views and solutions on the related problems.